Criminal Law and Police – Violation of the Law. When are you a suspect? What is a stop, a report or an on-the-spot settlement? How long can the interrogation last after arrest? What happens if they want to detain a suspected citizen for longer? What does detention entail, what is the role of a lawyer and when do you end up in a police cell? The answer to these questions and more about the police in the light of criminal legislation and violation of the law can be found in this article.
Criminal law and police
The Criminal Law & Police series consists of three articles. This second article Criminal Law & Police – Violation of the law discusses in more detail what happens after a violation of the law and one is suspected of a criminal offense or the role of the police in this. Part 1 Criminal Law & Police specifically discusses the tasks and duties of the Police. It also provides a brief outline of the development of Dutch criminal law (Code Punal). And in Criminal Law & Police – Interrogation Report, the interrogation, signing the report and the arraignment are discussed in more detail.
Violation of the Law
Suspect . Anyone who does not follow the instructions of the police, or who is suspected of having committed a criminal offense, is labeled as a (alleged) suspect.
Keep standing
Keep standing . The police officer or other investigating officer is authorized to arrest the suspect. The suspect may then be asked for his/her name, first names and place of residence. However, since a suspect is not obliged to make a statement against himself, he/she is not obliged to answer these questions. If you do wish to answer the questions, only providing an incorrect name is a punishable offense.
Official report and settlement on the spot
Police report . If it concerns a minor violation, such as parking incorrectly or riding with insufficient lighting on the bicycle, the police are authorized to immediately draw up a report and then issue this ticket if the suspect acknowledges the criminal offense and provides his name. .
Settlement on the spot. In the case of such violations, the suspect can enter into a settlement with the police on the spot, as the police are free to offer a so-called transaction, in which the suspect is exempt from further criminal prosecution. The suspect, on the other hand, can refuse any cooperation with the police and await further treatment of the incident by the judicial authorities.
In addition to the police, anyone who discovers a criminal offense red-handed is authorized to arrest the suspect. For example, when you can catch the thief of your car or the burglar in your house in the act. If this is the case, you can grab this person, if you succeed (and if you dare), and lock them up somewhere if necessary. You must then immediately call the police, as it goes without saying that playing one’s own judge is of course not the intention.
Stopped by the Police
Detain for further questioning. The police may then arrest for further questioning the person who has committed a serious offense or a crime, or the suspect who refuses to give his/her name.
Interrogation max. 6 hours. Arrest means that the suspect is taken to the police station for questioning. However, this interrogation has a maximum of six hours, not counting the hours between midnight and 9 a.m. During these nighttime hours, the suspect, arrested at 11 p.m. in the evening until 2 p.m. the following day, may be held for questioning and – if necessary – to draw up an official report on what happened. After the 6 hours of interrogation have expired, the suspect can be held longer if a certain procedure is followed (see under custody). During the arrest, the police are authorized to examine the body and clothing.
Examination of body and clothing
Examine body/clothing. This investigation may only be determined by the (assistant) public prosecutor. This power is exercised in particular by customs officials in collaboration with the military police at the border, when investigating criminal offenses during the control of persons and the import and export of goods.
Authorized persons . The majority of those with a higher rank in the military police, the national and municipal police are authorized to do this, as they are automatically appointed as assistant public prosecutor (and are then present on site in this position).
The Detention
Detention can only be ordered by the aforementioned (assistant) public prosecutor, solely in the interest of the investigation. The duration of the detention is 2 x 24 hours. If necessary, this can be extended by another 2 x 24 hours. This means that a suspect can be held in a police cell for a maximum of 4 days.
Mandatory form . The law prescribes that the suspect is notified of the detention by issuing the form. In addition to stating the article of law that indicates the alleged criminal offence, this form must state the name of the suspect, the date and time at which the form was issued. The suspect can then determine for himself when he/she should be released.
Extension . If an extension of the detention is deemed necessary, a corresponding new form must be issued in good time before the expiry of the first 2 x 24 hours. In practice, however, it often happens at many police stations that (due to a lack of time to conduct the necessary investigation and draw up a report for this) both the detention form and the extension thereof are issued to a suspect in one go, so that the suspect immediately stuck for 4 days.
Police Cell Rights Lawyer
Police cell . After being taken into police custody, one ends up in a police cell. Personal belongings must be surrendered. Shoe laces, belts and ties, scarves and all other items of clothing with which one could harm themselves are taken away. This mainly concerns, for example, possible self-mutilation or hanging oneself in the cell. For this reason, smoking materials, matches and lighters, etc. are not allowed to be taken into the cell, which for some means an additional punishment.
Rights . In addition to the duties mentioned above, one also has rights. For example, you have the right to request a visit from a doctor if necessary, to inform family and friends of the situation and to request a visit from a lawyer of your own choosing. The doctor will provide the person with medication if necessary (also methadone for drug addicts, for example). Family and friends are not allowed to visit them, but they are allowed to drop off food (if desired, a complete dinner from a restaurant, etc.), sweets, literature and clothing.
Lawyer . The lawyer may visit at any time, except during interrogation, to inform his/her client about the situation and, if possible, to provide advice. The police are obliged to inform both the probation service and the legal aid office in the relevant region or city as to why the person is being held at the station. If desired, a probation service employee will also come by to talk about the social problems the person has encountered, in order to possibly help with solutions. The Legal Aid Office ensures that the person can consult a lawyer as quickly as possible.
read more
- Criminal Law & Police 1 – Police Tasks
- Criminal Law & Police 2 – Breaking the Law
- Criminal Law & Police 3 – Interrogation Report
- Criminal Law & Judicial Preliminary Investigation
- Criminal Judge & Trial